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SNL2011 CHAPTER G-7.1

GUNSHOT AND STAB WOUND REPORTING ACT  

Amended:

 

CHAPTER G-7.1

AN ACT RESPECTING THE MANDATORY REPORTING OF GUNSHOT AND STAB WOUNDS

(Assented to May 31, 2011)

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Gunshot and Stab Wound Reporting Act.

2011 cG-7.1 s1

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Definitions

        2. In this Act

             (a)  "ambulance service" means a service for the conveyance of persons requiring medical attention;

             (b)  "health care facility" means

                      (i)  a facility operated by an authority established under paragraph 6(1)(b) of the Regional Health Authorities Act ,

                     (ii)  a place where treatment is provided by a medical practitioner as defined in the Medical Act, 2005 or a registered nurse as defined in the Registered Nurses Act, 2008 , or

                    (iii)  a health care facility prescribed in the regulations;

             (c)  "peace officer " means

                      (i)  a member of the Royal Newfoundland Constabulary, or

                     (ii)  a member of the Royal Canadian Mounted Police stationed in the province ; and

             (d)  "stab wound" means

                      (i)  a wound caused by a knife or other sharp or pointed instrument, or

                     (ii)  another type or class of wound prescribed in the regulations

but does not include a stab wound reasonably believed to be self-inflicted or unintentionally inflicted.

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Mandatory reporting

        3. (1) A health care facility, an ambulance service or a service prescribed in the regulations which treats a person for a gunshot or stab wound shall report the following information to a peace officer:

             (a)  the injured person's name, if known;

             (b)  the fact that the injured person is being treated or has been treated for a gunshot or stab wound;

             (c)  in the case of the health care facility, the name and location of the health care facility;

             (d)  in the case of the ambulance service or a prescribed service, the location where the treatment occurs; and

             (e)  other information required by the regulations.

             (2)  Subsection (1) does not apply to an ambulance service or a service prescribed in the regulations which delivers the injured person to a health care facility.

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Manner and timing of reporting

        4. (1) The reporting required by section 3 shall be made as soon as it is reasonably practicable to do so, but no later than the period of time that is prescribed in the regulations, without interfering with the injured person's treatment or disrupting the regular activities of the health care facility, ambulance service or the service prescribed in the regulations.

             (2)  The reporting required by section 3 shall be made orally.

             (3)  An additional manner of reporting required by section 3 may be prescribed in the regulations.

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Other obligations unaffected

        5. Nothing in this Act prevents a health care facility, an ambulance service or a service prescribed in the regulations from disclosing to a peace officer the information that the health care facility, the ambulance service or the prescribed service is otherwise by law permitted or required to disclose.

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Protection from liability

        6. An action does not lie against a person in respect of anything done or omitted to be done in good faith under this Act or the regulations.

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Regulations

        7. The Lieutenant-Governor in Council may make regulations 

             (a)  prescribing facilities or classes of facilities as health care facilities for the purpose of paragraph 2 (b);

             (b)  prescribing a type or class of wound as a stab wound for the purpose of paragraph 2 (d);

             (c)  prescribing services or classes of services to which this Act and the regulations apply;

             (d)  prescribing information which is required to be disclosed under paragraph 3 (e);

             (e)  governing the manner and timing of disclosure required under section 3 ;

              (f)  prescribing the persons or classes of persons responsible for making disclosure on behalf of a health care facility, an ambulance service or a prescribed service;

             (g)  exempting persons or classes of persons from the requirements of this Act and the regulations;

             (h)  exempting services or classes of services or facilities or classes of facilities from the requirements of this Act and the regulations;

              (i)  prescribing circumstances in which an exemption under paragraph (g) or (h) shall not apply;

              (j)  defining a word or expression that is used but not defined in this Act; and

             (k)  generally, giving effect to the purpose of this Act.

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Commencement

        8. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Mar. 1/15)

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